WP(C) 5088/2014. Gauhati High Court
| Case Number | WP(C) 5088/2014 |
| Judgement Date | May 18, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
WP( C) 5088 of 2014
Smti. Rangmala Roy Nath, w/ o Late Baneswar Nath, Village and P.O. Chakihali, (Gossaipara), P.S. Manikpur, District-Bongaigaon,
Assam.
.........Petitioner
- Versus –
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The State of Assam,
Through the Secretary to the Government of Assam, Education (Secondary) Department, Dispur, Guwahati-6.
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The Director of Secondary Education, Assam, Kahilipara, Guwahati-781019.
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The I nspector of Schools, BDC,
Bongaigaon, P.O. Bongaigaon, District-Bongaigaon, Assam.
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The Additional Deputy Commissioner, I / c. Bijni Civil Sub-Division,
Bijni, District Bongaigaon, Assam.
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The Circle Officer,
Bijni Revenue Circle, Bijni, District-Bongaigaon, Assam.
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The Accountant General, (A&E),
Assam, Maidamgaon, Beltola, Guwahati-781029.
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Smti. Pranita Nath,
W/ o Late Baneswar Nath,
R/ o Village No. 2, Bhetagaon,
P.S. Bijni, District- Bongaigaon, Assam.
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The Director of Pension & Public
Grievance, Assam, Guwahati.
........Respondents
For the Petitioner : Mr. B. Gogoi, Advocate.
WP(C) 5088 of 2014 Page 1 of 7
For the Respondent Nos. 1,
2 and 3 : Mr. C. Bhattacharyya,
Standing Counsel, Secondary
Education
Respondent Nos. 4 and 5 : Mr. N. Goswami, Government
Advocate
Respondent No. 6 : Mr. G. Baishya, Standing Counsel,
Accountant General, Assam
Respondent No. 7 : Mr. K.M. Haloi, Advocate Respondent No. 8 : Mr. A. Chetry, Advocate
Dates of hearing : 9.5.2017 and 18.5.2017 Date of judgment : 18.5.2017.
BEFORE
HON’BLE MR. JUSTI CE ARUP KUMAR GOSWAMI JUDGMENT AND ORDER (ORAL)
Heard Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. A. Chetry, learned standing counsel, Pension and Public Grievances Department appearing for respondent No. 8, Mr. K.M. Haloi, learned counsel appearing for respondent No. 7, Mr.
G. Baishya, learned standing counsel, Accountant General, Assam appearing for respondent No. 6, Mr. N. Goswami, learned State counsel appearing for respondent Nos. 4 and 5 and Mr. C. Bhattacharyya, learned standing counsel, Education (Secondary) Department appearing for respondent Nos. 1, 2 and 3.
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One Baneswar Nath, who was an Assistant Teacher in Ballamguri High School, expired on 5.5.2014.
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The petitioner claims that she was married to Baneswar Nath as per Hindu rites and rituals in the year 1982 and out of their wedlock, four children were born. After expiry of her husband she applied for family pension and other retirement benefits. An application for grant of legal heir certificate was filed by her. I n the process she came to learn that respondent No. 7 had also staked her claim as a wife of late Baneswar Nath and she had also filed an application for obtaining a legal heir certificate. After an enquiry, the respondent No. 4 had issued a legal heir certificate dated 1.9.2014 showing the petitioner and the respondent No. 7 as the first and second wife, respectively.
WP(C) 5088 of 2014 Page 2 of 7
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A petition was filed by the petitioner for grant of Succession Certificate in which respondent No. 7 was also made a party.
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This instant application is filed by the petitioner on the ground that instead of contesting the case for grant of Succession Certificate being Misc. (SC) Case No. 9/ 2014, the respondent No. 7 was pursuing the authorities for finalizing the family...
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